DUI help

[drewnj87]

What is the name of your state? New Jersey

I have been charged with careless driving and a dui. I am 20 years old. I had been coming home on a rural road and swerved to avoid some deer. I lost control of my car and hit a tree. All i remember is swerving to hit the deer then getting out of my car. No property was damaged besides my car and me. The officers got to the seen and called an ambulence. I was disoriented and asked me if i wanted to go to the hospital and said no because i could have my father drive me. They then performed a field sobriety test, abc, and walking, and eye test. they arrested me and took me to the barracks. They read me my rights then asked me if i wanted to take the breatherlyzer, i said no. They read my breatherlyzer rights again and i refused again. Then they had my father come in to advice me to take it. I told them whatever my father says ill do then took the test. I blew a .15. whenever they asked me questions about me drinking i replied" id rather not say"

Should I hire a lawyer to fight my case?
I have no prior arrests or tickets.
What are my chances of getting it thrown out or reduced

 

[drewnj87]

Also i went to the hospital afterwards because i was still disoriented and they said i had a concussion. Can a field sobriety test hold up on someone who had a concussion.

 

[CavemanLawyer]

A concussion would certainly affect the ability to do the walk and turn test and the one leg stand, and anything like reciting your ABC's. Any impairment noted in these tests could be argued was the result of your injury and not intoxication. But a concussion cannot introduce horizontal gaze nystagmus (the eye test you did) and of course it cannot cause you to blow a .15. And the fact that you got into a wreck is also evidence against you. Even if you have an explanation, there is always the inference that you lost control of your vehicle because you were impaired.

Nobody can predict your chances either way. You need attorney.